Shelton R. Modelist v. Joseph Dixon and Wanda Dixon Jointly and Severally and Dba Dixon Concrete Contractors

Opinion

Order filed January 13, 2012.

In The

Fourteenth Court of Appeals

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NO. 14-11-01036-CV

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SHELTON R. MODELIST, Appellant

V.

JOSEPH DIXON and WANDA DIXON, Jointly and Severally and d/b/a DIXON CONCRETE CONTRACTORS, Appellees

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas

Trial Court Cause No. 984759

ORDER

The clerk’s record in this appeal was filed December 19, 2011. According to the clerk’s record, this is an appeal from a summary judgment signed August 30, 2011. A reporter’s record of the hearing is not necessary in summary judgment proceedings. See McConnell v. Southside I.S.D., 858 S.W.2d 337, 343, n.7 (Tex. 1993); Rios v. Northwestern Steel & Wire Co., 974 S.W.2d 932, 936 (Tex. App.—Houston [14th Dist.] 1998, no pet.). Motions for summary judgment are decided solely on the written pleadings, affidavits and discovery on file with the trial court. See Tex. R. Civ. P. 166a(b). Therefore, no

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reporter’s record is required to be filed in this appeal unless appellant establishes that the record is necessary to his appeal.

Accordingly, we issue the following order:

Appellant’s brief shall be due on or before February 13, 2012.

PER CURIAM